When eating out, you trust that your food is prepared by someone who adheres to proper hygiene practices, like washing their hands before handling ingredients. You also expect the food preparation area to be clean and sanitized.
These basic practices are crucial in preventing foodborne illnesses, such as salmonella poisoning. Unfortunately, not everyone follows these guidelines, which can put you at risk. With three significant multistate salmonella outbreaks reported since 2023, residents of Houston may be at greater risk than they realize.
If you are diagnosed with salmonella poisoning, you could have grounds to file a claim for compensation. It raises an important question: Can you pursue a claim without an attorney? Although it is possible to file a personal injury claim independently, it may not be the wisest choice. Salmonella cases tend to be intricate, and you could miss potential compensation opportunities without legal guidance.
The Importance of Legal Expertise in Salmonella Claims
Salmonella claims can be multifaceted, similar to other food poisoning cases. You’ll need to navigate not only personal injury laws but also local, state, and possibly federal regulations.
Understanding these laws can be daunting, and they may even appear to conflict at times. Misinterpreting a regulation may not lead to an outright denial of your claim, but it could prolong the legal proceedings.
Assessing Your Eligibility
Simply falling ill with salmonella is not sufficient to justify filing a personal injury claim. If you contracted the illness in your own home, for instance, you may lack grounds for a claim.
Even so, it’s important to report the illness to your local health department. This allows authorities to inspect other products that might still be available in stores or served in restaurants. If those products also carry salmonella, your kitchen might not be the source, giving you a potential pathway to filing a claim.
Gathering Evidence
You will need to provide proof of your salmonella diagnosis, which is usually straightforward. Medical records typically suffice to confirm that you contracted a foodborne illness.
However, salmonella outbreaks often affect multiple individuals simultaneously, complicating your situation. You may need to collect evidence from others who were also infected, which can be challenging, especially if they have already sought legal representation. Their attorneys may be reluctant to share evidence that is relevant to their claims.
Navigating the Legal Process
Choosing to work with an attorney who specializes in salmonella cases can help streamline the legal process. So, what should you expect from your lawyer? Here’s a brief overview of the steps involved in a salmonella poisoning claim.
Establishing Negligence or Liability
You can complete the necessary paperwork and file a claim without demonstrating negligence or identifying a liable party. However, doing so is unlikely to advance your claim effectively; insurance providers will probably reject it, preventing you from recovering damages.
Establishing a negligence or liability claim involves determining the source of your infection. This could be a local grocery store, a restaurant, a supplier, a distributor, or a manufacturer. Once you identify the source, you will be better equipped to determine if their actions were negligent.
Negligence implies that the liable party knowingly or carelessly supplied contaminated food. In a liability case, you only need to demonstrate that the food failed to meet safety assurances—such as being sold past its expiration date or not being produced in accordance with safety regulations.
Establishing Fault and Causation
This step involves linking the responsible party’s actions to your illness, which can be time-consuming and require extensive research. Your goal is to illustrate that the individual or entity that caused your salmonella poisoning acted recklessly or negligently.
To demonstrate fault, evidence beyond medical records or food purchase receipts will be necessary. Your attorney can be instrumental in this regard, as you may need to gather witness statements—whether from individuals who witnessed your food purchase or workers from the manufacturing facility. Expert testimony might also be vital to substantiate your claim.
Once fault is established, proving causation becomes more straightforward—showing that the negligent actions of the defendant directly led to your illness.
Calculating Your Damages
Once you reach this point in the legal process, you’re almost ready to submit your claim for salmonella poisoning to the defendant’s insurance provider. The damages you list may differ from those in another claim for the same issue.
Your medical expenses stemming from your salmonella diagnosis and treatment are obvious damages. If your illness was severe enough that you missed work, you can also claim lost wages.
Don’t overlook non-economic damages, such as pain and suffering. Unlike medical expenses, these do not come with a bill or receipt, requiring you to employ different methods for calculation. Your attorney can choose between the multiplier or per diem method—both accepted by courts and insurance companies. Once you compile your damages, your salmonella claim will be ready for submission.
Seek Support for Your Salmonella Claim
While you can file a claim for salmonella poisoning without legal representation, having an attorney is wise. Food poisoning cases can be intricate, and legal support ensures you receive fair compensation for your damages.
